IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 2ND DAY OF NOVEMBER 2021 / 11TH KARTHIKA, 1943
WP(C) NO. 21945 OF 2021
PETITIONERS:
1 XXX (MOTHER OF VICTIM)
2 XXX (VICTIM)
BY ADVS.
P.M.RAFIQ
AJITH THOMAS
RESPONDENTS:
1 THE STATION HOUSE OFFICER
VADAKKENCHERY POLICE STATION, MAIN ROAD, MANDHAM,
PALAKKAD DISTRICT 678 683
2 THE DISTRICT POLICE CHIEF
DISTRICT POLICE OFFICE, YAKKARA ROAD,
NEAR K.S.R.T.C. BUS STAND, PALAKKAD 678 014
3 XXX (ACCUSED)
4 XXX (WIFE OF ACCUSED)
5 XXX (SON OF ACCUSED)
BY ADV NIREESH MATHEW
BY ADV GAJENDRA SINGH RAJPUROHIT
BY ADV E.C.BINEESH - GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 21945 OF 2021 2
JUDGMENT
The petitioners allege that the 2nd among them, who is the minor daughter of the 1st, was subjected to sexual assault by the 3rd respondent, which led to Crime No.526 of 2017 being registered against him by the Vadakkenchery Police Station, for offences under Sections 354 and 506 of the Indian Penal Code, along with Sections 9 and 10 of the Protection of Children from Sexual Offences Act (POCSO Act). They say that the trial into the crime ended in acquittal of the 3rd respondent and that they are in the process of filing an Appeal against the same.
2. The petitioners allege that, however, they have been threatened by respondents 3 to 5, so as to pressurize and persuade them to desist from filing an Appeal; and consequently that they have been constrained to approach the 1st respondent - Station House Officer, through Ext.P1 complaint, seeking protection. They assert that, however, no action has been taken by the 1st respondent, thus leaving them WP(C) NO. 21945 OF 2021 3 no other option, but to approach this Court through this writ petition.
3. I have heard Shri.P.M.Rafiq, learned counsel for the petitioner; Shri.Gajendra Singh Rajpurohit, learned counsel appearing for respondents 3 to 5 and Shri.E.C.Bineesh, learned Government Pleader, appearing for respondents 1 and 2.
4. Shri.Gajendra Singh Rajpurohit, learned counsel appearing for respondents 3 to 5, vehemently controverted every allegation in this writ petition saying that it is vitiated by malafides, which is evident from the fact the petitioners have not, even in Ext.P1 complaint, mentioned the specific nature of the alleged threats faced by them, except saying that a close relative of the 3rd respondent had approached them and said that the party respondents herein would "go to any extent if they are further provoked"(sic). He added that the 5th respondent is presently out of India, while respondents 3 and 4 are living a life in conformity with law and have not, and do not, intent to cause any threat to the WP(C) NO. 21945 OF 2021 4 petitioners, as alleged.
5. Shri.Gajendra Singh Rajpurohit then submitted that his clients have no objection whatsoever if the petitioners are to file an Appeal against the acquittal of the 3rd respondent; and further that they will not even stand in the way of this Court granting them protection for life.
6. Shri.E.C.Bineesh, learned Government Pleader, affirmed most of the submissions of Shri.Shri.Gajendra Singh Rajpurohit, submitting that Ext.P1 does not have any specific incident of threat, violence or intimidation meted out to the petitioners by any person, including respondents 3 to 5. He, however, added that since the 2nd petitioner is stated to be a victim of sexual assault, the 1st respondent will certainly afford the petitioners necessary and adequate protection.
7. When I consider the afore submissions, there can be little doubt that the standard of protection and care to be given to a victim of a POCSO case is much higher than what should be normally provided to WP(C) NO. 21945 OF 2021 5 another victim. The victim indubitably is a minor person and obviously, therefore, would be more vulnerable than any other.
8. That said, even the Police have put in place a specific 'Victim Protection Protocol' and I am certain that the same should be followed in this case also without any reservation, even though the offences against the 3rd respondent has presently ended in acquittal.
In the afore circumstances, I allow this writ petition and confirm the interim order granted by this Court on 12.10.2021; with a consequential direction to the 1st respondent - Station House Officer, to ensure that the petitioners and in particular, the second among them, are afforded necessary and adequate protection as are mandatory and requisite under the 'Victim Protection Protocols' on a continuous basis, so as to protect them and keep them away from any harm or prejudice from any person, including respondents 3 to 5 or their men or associates.
WP(C) NO. 21945 OF 2021 6
The petitioners are also at liberty, if it becomes so warranted, to seek the assistance of the jurisdictional Protection Officer appointed and acting under the provisions of the POCSO Act, who shall thereupon, lend all assistance as is necessary, depending upon the circumstances presented.
Since the requirements of the 'Victim Protection Protocols' are implicit with respect to the anonymity of the victim and her mother, I direct the 1st respondent to comply with the afore directions, without them having to approach the Police Station or having to produce a copy of this judgment.
Sd/-
DEVAN RAMACHANDRAN JUDGE MC/2.11 WP(C) NO. 21945 OF 2021 7 APPENDIX OF WP(C) 21945/2021 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF REPRESENTATION DATED 22.9.2021 SUBMITTED TO THE STATION HOUSE OFFICER, VADAKKANCHERY POLICE STATION SEEKING POLICE PROTECTION FOR LIFE AND PROPERTY Exhibit P2 TRUE COPY OF THE ACKNOWLEDGMENT DATED 22.9.2021 ISSUED TO THE 1ST PETITIONER FOR REPRESENTATION TO THE STATION HOUSE OFFICER, VADAKKANCHERY POLICE STATION Exhibit P3 TRUE COPY OF REPRESENTATION DATED 23.9.2021 SUBMITTED TO THE DISTRICT POLICE CHIEF, PALAKKAD SEEKING POLICE PROTECTION FOR LIFE AND PROPERTY OF PETITIONERS Exhibit P4 TRUE COPY OF THE ACKNOWLEDGMENT DATED 23.9.2021 ISSUED TO 1ST PETITIONER FOR REPRESENTATION TO DISTRICT POLICE CHIEF, PALAKKAD Exhibit P5 TRUE COPY OF THE PRESCRIPTIOON DATED 11.9.2021 ISSUED FROM E.K. NAYANAR SMARAKA CO-OPERATIVE HOSPITAL AND RESEARCH CENTRE, VADAKKENCHERY.